Biden Admin. Urges Businesses to Proceed With Vaccine Requirements Despite Court’s Temporary Halt

Last week, the US Court of Appeals for the Fifth Circuit ruled to pause COVID-19 rules that require providing vaccination proof, or regular testing in companies with more than 100 employees.

The White House said that companies should continue complying with the Biden’s administration ordinance, Deputy Press Secretary Karine Jean-Pierre said at a press briefing on Monday.

“We say, do not wait to take actions that will keep your workplace safe. People should not wait,” she noted. “They should continue to move forward and make sure they’re getting their workplace vaccinated. It is important and critical to do, and waiting to get more people vaccinated will lead to more outbreaks and sickness.”

On Saturday, the US Court of Appeals for the Fifth Circuit ruled to waive the measure after Texas Attorney General Ken Paxton, along with 11 other states (Missouri, Arizona, Nebraska, Iowa, Arkansas, Montana, New Hampshire, South Dakota, North Dakota, Alaska and Wyoming) sued the administration saying that the vaccine mandate exceeds the authority of the Occupational Safety and Health Administration (which is in charge of enforcing the rules). The court granted the appeal, citing "serious legislative and constitutional issues."

According to CNBC, it’s unclear yet which court will ultimately decide the case. When multiple appeals are filed in at least two courts, the cases are consolidated in one of those courts randomly. The lottery is expected to take place on or around 16 November.

David Vladeck, a professor of law at Georgetown University, told the broadcaster that there’s a “high probability” that the case may be referred to the Supreme Court.

On 4 November, the White House said OSHA, which operates under the Department of Labor, had ordered all companies with more than 100 workers to vaccinate their employees by January 4, or to require the unvaccinated employees to provide negative coronavirus tests at least once a week. The law also applies an indoor mask mandate from December 5.

As the New York Times reported earlier, if OSHA’s regulation comes into force, it would affect about 84 million employees, of which approximately 31 million are not vaccinated. Other reports have suggested that staff shortages may threaten not only businesses but also crucial governmental bodies and services, whose workers were obliged to provide vaccination certificates without other alternatives.